Remember that the applicant who is requesting disability retirement benefits from the Office of Personnel Management always has the burden of proving, by a preponderance of the evidence, that he or she is entitled and eligible for disability retirement benefits. Even if the Agency proposes and effectuates a removal based upon one's medical inability to perform the essential elements of one's job (thereby invoking the "Bruner Presumption"); nevertheless, the burden of persuasion always remains with the applicant.
Never assume anything; yes, the Bruner Presumption is nice to have, but don't ever rely upon it to have your disability retirement benefits handed to you, because it won't be. The Bruner Presumption "can be rebutted if adequate evidence is identified in the record to establish that the appellant actually is not entitled to disability retirement; even with the rebuttable presumption, the appellant retains the burden of persuasion at all times to establish his entitlement to disability retirement" (See Morton v. Office of Personnel Management, 88 M.S.P.R. 691 (2001). Remember: you always have the burden to prove your entitlement to disability retirement benefits; you must prove it; you must work tirelessly to show it.
This entry was posted in Burden of Proof, Clarifications of Laws or Rules, Federal Disability Judge-Made Decisions Quoted, The Applicant and tagged Bruner Presumption, bruner presumption in opm disability and its limitations, building a strong disability retirement case, Burden of Production, Burden of Proof, case law citation in federal disabilities cases, civil service workman's comp, condition that prevents to perform the essential functions, disability retirement, disability retirement facts, do I have a won case if I get terminated due to medical reasons?, federal disability facts, federal disability retirement lawyer, fers disability retirement and the burden of proof concept, FERS Disability Retirement Attorney, ill federal employee, in bruner the applicant must still submit sufficient evidence, legal application of past court opinions, legal representation for injured federal workers, limited burden of proof shift over to OPM, looking forward toward federal dr, medical evidence, medical retirement from federal service, nationwide representation of federal employees, OPM disability retirement, OWCP disability, Postal disability retirement, Postal Service disability, preponderance of the evidence documents, representing federal employees in and outside the country, separated from service, statutory requirements in OPM disability law, the Bruner Presumption and the burden of proof, USPS disability retirement, vermont opm medical disability retirement by Federal Disability Lawyer . Bookmark the permalink.